ARTICLES: COMPETITION POLICY – TRADE POLICY – E15 REPORT

The E15 Competition Policy and Trade report: Timely and trenchant

The E15 Report is a thoughtful, creative and thorough examination of the interplay between trade and competition law. It correctly suggests a mutual awareness of and respect for the two avenues of influence in international trade. Considerable work has been done on the convergence of antitrust principles across various regimes, both substantively and procedurally, but it is important to recognize that much remains to be done in terms of synthesizing competition and trade policy. Some of the report’s suggestions are readily embraced and some are likely more controversial. Ultimately, this paper only raises a number of questions regarding the report’s proposed dispute settlement approaches and suggests certain alternate avenues for addressing this goal of convergence and transparency between trade and competition policy.

I. Introduction 1. The E15 report Competition Policy and Trade in the Global Economy, chaired by Eduardo Pérez Motta, is timely, thorough, and, in many respects, both creative and provocative. [1] The undertaking focuses on the reasonable growth of international trade and its relative, or incomplete, relationship to the near metastasizing of antitrust law, regimes, and enforcement around the world. The authors observe that considerable progress has been made, largely through the efforts of intergovernmental bodies, to promote convergence of both substantive and procedural antitrust principles, but that much remains to be done in these areas and, in particular, with the relationship between competition and trade policy. The report urges that various steps be taken to synthesize

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Authors

  • Baker Botts (Washington)
  • Baker Botts (Washington)

Quotation

James F. Rill, Jana I.  Seidl, The E15 Competition Policy and Trade report: Timely and trenchant, November 2016, Concurrences Review Nº 4-2016, Art. N° 81755, www.concurrences.com

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